Accidental foraging, reasonable doubt and ‘lies upon lies': Erin Patterson jury hears week of closing submissions in triple-murder trial
Colin Mandy SC, Erin Patterson's barrister in her triple-murder trial, was into the final minute of a closing submission that spanned three days when he started repeating one phrase, almost like a mantra, over and over.
It was the last time the jury would hear from anyone in the case other than Justice Christopher Beale, a coda after the prosecution's closing argument and evidence from more than 50 witnesses.
Twelve times Mandy said it in the last 60 seconds or so, the only answer, the one thing he wanted the jury to know: 'not guilty'.
Patterson, 50, is facing three charges of murder and one of attempted murder in the Victorian supreme court. The charges relate to allegedly using death cap mushrooms in beef wellingtons served to lunch guests at her house in Leongatha on 29 July 2023.
Patterson has pleaded not guilty to murdering the relatives of her estranged husband, Simon Patterson – his parents, Don and Gail Patterson, and aunt, Heather Wilkinson – and attempting to murder his uncle, Ian Wilkinson, Heather's husband.
'If you think that it's possible that Erin deliberately poisoned the meal, you must find her not guilty,' Mandy said.
'If you think that maybe Erin deliberately poisoned the meal, you must find her not guilty.
'If you think that she probably deliberately poisoned the meal, you must find her not guilty.'
'Possible', 'maybe' and 'probably' were emphasised, a nod to what Mandy says is a prosecution case that has not cleared the high bar of reasonable doubt.
The jury should not consider the trial like a boxing match, prosecution and defence slugging it out, but the high jump, Mandy told the court. Only the prosecution, however, had to clear that bar; Patterson didn't even need to jump.
'If you think at the end of your deliberations, taking into account the arguments that we've made that it is a [reasonable] possibility that this was an accident … you must find her not guilty,' Mandy said.
'And if you think it is a reasonable possibility that her evidence was true, you must find her not guilty.
'Our submission to you is the prosecution can't get over that high bar of beyond reasonable doubt. And when you consider the actual evidence … and consider it properly, methodically, analytically, your verdicts on these charges should be not guilty.'
Of the evidence given by Patterson, Mandy told the jury she came through unscathed, her account of what really happened the day of the lunch intact.
'Her account remained coherent and consistent, day after day after day, even when challenged, rapid fire, from multiple angles, repeatedly.'
Even if the jury were not convinced of that account, it did not mean Patterson was guilty, he said.
'If you reject her evidence, then what you have to do is take that evidence, put it to one side, and still consider whether the prosecution has proved the case beyond reasonable doubt on the evidence that they bring,' Mandy said.
In the prosecution's telling, it wasn't just that Patterson's evidence was not convincing: it was a 'calculated deception' played on the jury.
The contrast in message between the defence and prosecution was also delivered with a contrast in style.
Nanette Rogers SC delivered the prosecution's closing address carefully and evenly, with the occasional pause for effect, her adherence to the pages in front of her so regimented that she would repeat sentences if she started them differently to how they had been written.
Mandy was far more animated, almost theatrical, with flourishes that bordered on the comical.
He mocked the prosecution case that Patterson planned the murders as far back as 28 April 2023, when it is alleged she picked death cap mushrooms after finding a post on iNaturalist, a citizen science website where the location of the mushrooms was shared.
'On the Crown case, you might think remarkably, extraordinarily, Erin Patterson observed and acted on the only two sightings of death cap mushrooms ever in South Gippsland … like she was sitting there waiting for them,' Mandy said.
'Never seen them before in South Gippsland. iNaturalist says they don't grow here. Refresh. Nup, still not there. Refresh. Still not there. Refresh, still not there.'
Mandy then exclaimed 'ah', his hands wide, pretending to be Patterson discovering the post about death cap mushrooms.
'How likely is that?' he asked.
Mandy lent all the way forward on to the lectern at this stage and immediately shifted tone. 'There's not one scrap of evidence that she actually saw those posts,' he said, shaking his right pointer finger towards the jury.
The closing addresses are not evidence, but new matters emerged, or were drawn into sharper focus.
Mandy said it was possible Patterson became unwell earlier than her lunch guests because she tasted the duxelles as she prepared the beef wellingtons.
Patterson said the duxelles tasted bland when she cooked down button mushrooms bought from the supermarket, so she added dried mushrooms from a Tupperware container in her pantry. At the time, she thought these were from an Asian grocer, but now believed the container also held death cap mushrooms she accidentally foraged.
Mandy made clear, however, that Patterson gave no such evidence that she re-tasted the duxelles after adding the dried mushrooms.
He also wanted to make clear Patterson was 'not on trial for lying'.
Moreover, Mandy told the jury, if she had been lying about some of the points the prosecution alleged she had, she would have told better lies: why say she didn't know what was in her vomit, if saying it contained beef wellington would help her? Why not say she had vomited after overeating sooner, given that the greater proximity of vomiting to eating the beef wellington, the greater the likelihood it would reduce the extent of illness?
This came after Rogers had catalogued these lies – lies she said Patterson told to other witnesses in the case, and to the jury. Lies told not in the heat of the moment, lies Patterson has admitted, lies she has not.
Perhaps the starkest of these, Rogers said, was Patterson's lie about weight loss surgery.
'In the lead up to the lunch and in the periods after the lunch, Erin Patterson told so many lies it's hard to keep track of them. She has told lies upon lies because she knew the truth would implicate her,' the prosecutor said.
'When she knew her lies had been uncovered, she came up with a carefully constructed narrative to fit with the evidence – almost. There are some inconsistencies that she just cannot account for so she ignores them, says she can't remember those conversations, or says other people are just wrong, even her own children.
'You will therefore have no difficulty in rejecting … that this was all a horrible foraging accident.'
Rogers said there was no other 'reasonable alternative explanation for what happened to the lunch guests, other than the accused deliberately sourced death cap mushrooms and deliberately included them in the meal she served them, with an intention to kill them'.
Justice Christopher Beale has told the jury that his closing charge to them, when he will discuss the legal principles that apply to them considering their verdict and direct them on how the evidence can be used, will take at least two days.
'First of all, maintain an open mind. You have heard the evidence. You have heard the closing speeches of the prosecution and the defence, but you have not heard my charge,' Beale said.
'The second point, and the last point, is it is more important than ever that you have a good weekend. I really want you to come back refreshed.'
The trial at the Latrobe Valley law courts in Morwell was originally expected to last five to six weeks, but is set to stretch into a ninth.
Court will resume on Tuesday, meaning the jury will not retire to consider its verdict until Wednesday at the earliest.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
2 hours ago
- Daily Mail
BREAKING NEWS Teen suffers serious leg injuries in horror hit-and-run in Maroubra, Sydney
A teenage boy has been rushed to hospital after being hit by a car in Sydney 's east. Emergency services were called to Beauchamp Road in Maroubra at 4am on Saturday following reports of a pedestrian being hit by a car. The teen suffered serious injuries to both his legs in the collision. A pair of what appeared to be black shoes were seen lying on the side of the road. More to come.
Daily Mail
3 hours ago
- Daily Mail
Fresh bid to reboot Sydney nightlife to see crackdown on drink spiking and sexual harassment in bars and clubs
Making venues safer for workers and patrons alike is part of efforts to reinvigorate a major city's ailing nightlife with mandates for venue staff to undergo training around sexual harassment and violence prevention. Training provided as part of Responsible Service of Alcohol accreditations follow several recent scandals engulfing major players in Sydney 's hospitality industry and re-evaluation of its hard-partying reputation. The changes ensure workers are better equipped to care for customers and colleagues with ambitions to make the state a global gold-standard for nightlife and entertainment, NSW Night-Time Economy Minister John Graham said. 'That only happens if our venues are safe, welcoming and respectful for everyone who walks through the door. 'The updated RSA training course gives hospitality staff real-world tools and guidance needed to step in, defuse trouble and assist their patrons when it counts.' RSA training - mandatory for anyone who sells, serves or supplies liquor - will have updated materials to give workers a clearer understanding of the law, including differences between sexual harassment and sexual assault. Another recent revision updated guidance on drink spiking. Staff will also be trained in how to respond when patrons report harassment, violence, and suspected drink spiking, including on how to connect them with support services. Training for licensees has been updated to reflect employer obligations to prevent workplace sexual harassment. 'It's important for us to engage with people where they live, learn, work, socialise and play, including the hospitality sector,' Domestic Violence and Sexual Assault Prevention Minister Jodie Harrison said. 'This training is one example of the work underway to change the beliefs and cultures that tolerate or condone violence.' The state's Women's Safety Commissioner Hannah Tonkin said the changes are an important step to making spaces safer and more respectful. 'Everyone should feel confident that they'll be safe when they're socialising or working in a bar, club, restaurant or pub.' Sydney's after-dark economy was damaged by restrictive and since-repealed lockout laws beginning in 2013 following violent one-punch deaths in nightlife precincts. The pandemic also severely impacted the hospitality sector, and changing residential demographics in some areas prompted noise and other complaints affecting venues. The state has established special entertainment precincts with extended trading hours and looser noise controls as part of 'vibrancy reforms'. People buying property in some areas will have to acknowledge the potential for noise in a bid to limit conflict between established venues and new neighbours. Enmore Road in the city's inner west was the first area declared a special entertainment precinct with the council considering additional areas. Further west, Burwood and Fairfield councils have received grants to begin a trial of precincts by the end of 2025. A regional trial is also planned in Byron Bay in the state's north.
Daily Mail
3 hours ago
- Daily Mail
Cops share new CCTV after senior Comanchero bikie was left dumped outside hospital with gunshot wounds
New CCTV footage of a group of Comanchero bikies allegedly planning a shocking attack on one of their own has been released by police in a bid to solve the case. Leslie Grantham, 51, a senior member of the notorious gang, was found dumped with gruesome injuries outside Rockingham Hospital, in Perth, about 10pm on May 14. Grantham, nicknamed 'Lethal Les,' had burns and multiple gun shot wounds to his upper body and leg - believed to have been attempts to remove some of his tattoos. He was rushed to Perth Royal Hospital and has since been discharged, but is refusing to co-operate with authorities. CCTV released on Friday appeared to show a group of people arriving at Auburn Grove Train Station in three separate vehicles. Police believe the group were meeting and swapping vehicles as part of their plans for the alleged attack on Grantham. Detectives also released footage from after the incident, which showed one of the vehicles from the earlier meeting entering Rockingham Hospital emergency department carpark. That car was a white and grey Holden dual-cab utility, with WA registration 1BFC417. Police believe the ute was used to transport Grantham to the incident location, and then to the hospital afterwards. Detective Senior Sergeant Todd White said police were continuing to seek public assistance in their investigation. 'If you're thinking of joining an outlaw motorcycle gang, think again,' he said. 'This man has been left with brutal, life-changing injuries due to his association with an outlaw motorcycle gang.' Grantham was previously jailed in 2017 over threatening to shoot a man unless he paid $10,000 to compensate a prostitute he had allegedly mistreated. He was also jailed in 2015 along with nine other Comanchero bikie members over a plot to extract 'protection' money' of $10,000 a month from the owners of a karaoke bar in Sydney's north shore. The Comanchero motorcycle gang was first established in Sydney in 1966 and has since grown to over 500 members nationwide. The patch features an old western wagon wheel on a red background.
